| 3.000 |
EXEMPT ENTITIES
|
| 3.001 |
Exemption for Sales to the Federal Government Sales to the federal government are exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(d) Estimate: N.A. |
| 3.002 |
Exemption for Sales to the Commonwealth Sales to the Commonwealth, its agencies and political subdivisions are exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(d) Estimate: N.A. |
| 3.003 |
Exemption for Sales to Tax-Exempt Organizations Non-profit organizations are exempt from sales tax on purchases of goods and services to be used in carrying out their tax-exempt purposes. Origin: M.G.L. c. 64H, S. 6(e) and (x) Estimate: $202.5 This estimate excludes sales of building materials and supplies used in construction contracts, which are covered under item 3.412. |
| 3.004 |
Exemption for Sales of Tangible Personal Property to Motion Picture Production Companies Sales of tangible personal property to a qualifying motion picture production company or to an accredited film school student for the production expenses related to a school film project are exempt from the sales tax. Origin: M.G.L. c. 64H, S. 6(ww) Estimate: $1.3 |
| 3.100 |
EXEMPT PRODUCTS/SERVICES
|
| 3.101 |
Exemption for Food Food for human consumption is exempt from sales tax, including food purchased with federal food stamps. The exemption does not cover meals served in restaurants and similar establishments. Meals are taxed under the sales tax at a rate of 5%. Origin: M.G.L. c. 64H, S. 6(h) and (kk) Estimate: $495.7 |
| 3.102 |
Exemption for Certain Food and Beverages Sold in Restaurants Although generally food and beverages sold in restaurants are taxed, there are certain exceptions. These are: a) food sold by weight, measure, count, or in unopened original containers or packages (for example, milk, meat, bread); b) beverages in unopened original containers which have a capacity of at least 26 fluid ounces; and c) bakery products sold in units of six or more. Origin: M.G.L. c. 64H, S. 6(h) Estimate: N.A. |
| 3.103 |
Exemption for Clothing Sales of clothing or footwear up to $175 per item are exempt from sales tax. The exemption does not include special clothing or footwear designed for athletic or protective uses and not normally worn except for these uses. Origin: M.G.L. c. 64H, S. 6(k) Estimate: $238.7 |
| 3.104 |
Exemption for Medical and Dental Supplies and Devices Medical and dental supplies and devices, such as prescription drugs, oxygen, blood, artificial limbs and eyeglasses, are exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(l) and (z) Estimate: $295.8 |
| 3.105 |
Exemption for Water Sales and service of water are exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(i) Estimate: $25.4 |
| 3.106 |
Exemption for Newspapers and Magazines Newspapers and magazines are exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(m) Estimate: $30.6 |
| 3.107 |
Exemption for the American Flag The American flag is exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(w) Estimate: N.A. |
| 3.108 |
Exemption for Certain Precious Metals Sales valued at $1,000 or more of the following precious metals are exempt from the sales tax: rare coins of numismatic value; gold or silver bullion or coins; and gold or silver tender of any nation which is traded and sold according to its value as precious metal. Fabricated precious metals that have been processed or manufactured for industrial, professional, or artistic use do not qualify for the exemption. Origin: M.G.L. c. 64H, S. 6(ll) Estimate: N.A. |
| 3.109 |
Exemption for Cement Mixers Concrete mixing units mounted on the back of trucks are exempt from sales tax. Spare parts for such units are also exempt. The truck chassis is subject to sales tax. Origin: M.G.L. c. 64H, S. 6(y) Estimate: N.A. |
| 3.112 |
Exemption for Aircraft & Aircraft Parts Airplanes, helicopters, balloons and other aircraft are exempt from sales tax. Also exempt are parts used exclusively for the repair of aircraft. Governor's FY09 Budget proposal would eliminate this exemption. The figure below reflects this change. Origin: M.G.L. c. 64H, S. 6(uu) and (vv) Estimate: $0.4 |
| 3.200 |
EXEMPT, TAXED UNDER ANOTHER EXCISE
|
| 3.201 |
Exemption for Alcoholic Beverages Alcoholic beverages, except those sold as part of a meal, are exempt from sales tax. They are subject to an excise tax determined by volume rather than retail price. Origin: M.G.L. c. 64H S. 6(g) Estimate: $86.7 |
| 3.202 |
Exemption for Motor Fuels Motor fuels are exempt from sales tax. They are subject to an excise at a rate higher than 5% of the retail price. The estimate represents revenues that would be collected under the sales tax if motor fuels were taxed at 5% of the retail price. The Massachusetts motor fuels tax rate is $0.21 per gallon of gasoline or diesel fuel. Origin: M.G.L. c. 64H, S. 6(g) Estimate: $471.3 |
| 3.203 |
Exemption for Hotel/Motel Rooms Rental charges for real property are exempt from sales tax. However, rentals of rooms in hotels, motels or lodging houses are subject to a state excise at a rate of 5.7% of the rental price, and, at a municipality's option, to a local excise of up to 4% of the rental price. A Convention Center financing fee of 2.75% is also included in certain areas. Origin: General exclusion of real property transactions Estimate: $125.9 |
| 3.300 |
EXEMPT COMPONENT OF A PRODUCT OR CONSUMED IN PRODUCTION
|
| 3.301 |
Exemption for Items Used in Making Clothing Sales of materials used in making clothes, such as thread and fabric, are exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(v) Estimate: N.A |
| 3.302 |
Exemption for Materials, Tools, Fuels and Machinery Used in Manufacturing Materials, tools, fuels and machinery, including spare parts, used in manufacturing are exempt from sales tax if they become components of a product to be sold or are consumed or directly used in the manufacturing process. Origin: M.G.L. c. 64H, S. 6(r) and (s) Estimate: N.A |
| 3.303 |
Exemption for Materials, Tools, Fuels and Machinery Used in Research and Development Materials, tools, fuels and machinery, including spare parts, used in research and development by certified manufacturing or research and development corporations are exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(r) and (s) Estimate: $57.9 |
| 3.304 |
Exemption for Materials, Tools, Fuels, and Machinery Used in Furnishing Power Materials, tools, fuels, and machinery, including spare parts, used in furnishing gas, water, steam, or electricity to consumers through mains, lines or pipes are exempt from sales tax if they are consumed or directly used in furnishing the power. Origin: M.G.L. c. 64H, S. 6(r) and (s) Estimate: $118.8 |
| 3.306 |
Exemption for Materials, Tools, Fuels, and Machinery Used in Newspaper Printing Materials, tools, fuels, and machinery, including spare parts, used in newspaper printing are exempt from sales tax if they become components of a product to be sold or are consumed or directly used in newspaper publishing. Origin: M.G.L. c. 64H, S. 6(r) and (s) Estimate: $48.1 |
| 3.308 |
Exemption for Materials, Tools, Fuels, and Machinery Used in Agricultural Production Materials, tools, fuels, and machinery, including spare parts, used in agricultural production are exempt from sales tax if they become components of products to be sold or are consumed or directly used in agricultural production. The exemption includes the same items when used for the production of livestock, poultry and animals in research. Also included are seeds and plants used to grow food for human consumption outside the agricultural industry (e.g., by home gardeners). Governor's FY09 Budget proposal would eliminate this exemption for pesticides. The figure below reflects this change. Origin: M.G.L. c. 64H, S. 6(r), (s) and (p) Estimate: $4.9 |
| 3.309 |
Exemption for Vessels, Materials, Tools, Fuels, and Machinery Used in Commercial Fishing Materials, tools, fuels, and machinery, including spare parts, used in commercial fishing are exempt from sales tax if they become components of a product to be sold or are consumed or directly used in commercial fishing. Origin: M.G.L. c. 64H, S. 6(r), (s) and (o) Estimate: $7.2 |
| 3.310 |
Exemption for Materials, Tools, Fuels and Machinery Used in Commercial Radio and TV Broadcasting Materials, tools, fuels and machinery, including spare parts, used in commercial radio and TV broadcasting are exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(r) and (s) Estimate: N.A. |
| 3.400 |
EXEMPTIONS FOR SPECIFIED USES OF PRODUCTS/SERVICES
|
| 3.401 |
Exemption for Electricity Residential electricity, electricity purchased by businesses with five or fewer employees, and electricity purchased for qualified industrial use are exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(i) and (qq) Estimate: $280.0 |
| 3.402 |
Exemption for Fuel Used for Heating Purposes Residential heating fuel, heating fuel purchased by businesses with five or fewer employees, and heating fuel purchased for qualified industrial use are exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(j) and (qq) Estimate: $57.0 |
| 3.403 |
Exemption for Piped and Bottled Gas Residential gas, gas purchased by businesses with five or fewer employees, and gas purchased for qualified industrial use are exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(i) and (qq) Estimate: $153.8 |
| 3.404 |
Exemption for Steam Residential steam, steam purchased by businesses with five or fewer employees, and steam purchased for qualified industrial use are exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(i) and (qq) Estimate: $11.5 |
| 3.405 |
Exemption for Certain Energy Conservation Equipment Equipment for a solar, wind or heat pump system used as a primary or auxiliary energy source in a principal residence is exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(dd) Estimate: N.A. |
| 3.406 |
Exemption for Funeral Items Coffins, caskets, and other funeral items are exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(n) Estimate: $9.6 |
| 3.407 |
Exemption for a Motor Vehicle for a Paraplegic A motor vehicle owned and registered for the personal use of a paraplegic is exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(u) Estimate: $1.0 |
| 3.408 |
Exemption for Textbooks Textbooks and other books required for instruction in educational institutions are exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(m) Estimate: $17.0 |
| 3.409 |
Exemption for Books Used for Religious Worship Bibles, prayer books and other books used for religious worship are exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(m) Estimate: N.A. |
| 3.410 |
Exemption for Containers Most containers are exempt from sales tax. These include sales of empty returnable and non-returnable containers to be filled and resold, containers the contents of which are exempt from the sales tax, and returnable containers when sold with the contents or resold for refilling. Origin: M.G.L. c. 64H, S. 6(q) Estimate: $121.2 |
| 3.411 |
Exemption for Certain Sales by Typographers, Compositors, Color Separators Sales by typographers, compositors or color separators of composed type, film positives and negatives and reproduction proofs, or transfers of such items to a printer, publisher, or manufacturer of folding boxes for use in printing, are exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(gg) Estimate: N.A. |
| 3.412 |
Exemption for Sales of Building Materials and Supplies to be Used in Connection with Certain Construction Contracts Materials and supplies used in connection with construction contracts with the United States and the Commonwealth of Massachusetts, or any of its subdivisions are tax exempt where the construction is for public purposes. Materials and supplies used in connection with construction contracts with a tax-exempt organization are tax exempt where the construction is to be used exclusively in carrying out the organization's charitable purpose. The exemption includes rentals of equipment as well. Origin: M.G.L. c. 64H, S. 6(f) Estimate: $153.4 |
| 3.417 |
Exemption for Commuter Boats Vessels, materials, tools, repair and spare parts used exclusively to provide scheduled commuter passenger service are exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(pp) Estimate: N.A. |
| 3.418 |
Exemption for Fuels, Supplies and Repairs for Vessels Engaged in Interstate or Foreign Commerce Fuels, supplies and repairs for vessels engaged in interstate or foreign commerce are exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(o) Estimate: $0.5 |
| 3.419 |
Exemption for Fuel Used in Operating Aircraft and Railroads Fuel used in operating aircraft and railroads is exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(j) Estimate: $31.8 |
| 3.420 |
Exemption for Sales of Certain New or Used Buses New and used buses that provide scheduled intra-city local service and are used by common carriers certified by the Department of Telecommunications and Energy are exempt from sales tax. The exemption includes replacement parts, materials and tools used to maintain or repair these buses. Origin: M.G.L. c. 64H, S. 6(aa) Estimate: N.A. |
| 3.421 |
Exemption for Films Motion picture films for commercial exhibition are exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(m) Estimate: N.A. |
| 3.422 |
Exemption for Telephone Services Sales of residential telecommunications services of up to $30 per month are exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(i) Estimate: $44.6 |
| 3.500 |
EXEMPT NOT TAXABLE AS TANGIBLE PERSONAL PROPERTY
|
| 3.501 |
Nontaxation of Transfers of Real Property Real estate is exempt from sales tax but is subject to a deeds excise at a rate of 0.456% of the taxable price of the property (0.342% in Barnstable County). The estimate represents revenues that would be collected under the sales tax if sales of real property were taxed at 5%. Origin: General exclusion of real property transactions Estimate: $2,706.4 |
| 3.502 |
Nontaxation of Rentals of Real Property Rental charges for real property, whether for residential or business purposes, are exempt from sales tax. Origin: General exclusion of real property transactions Estimate: $1,028.2 |
| 3.503 |
Nontaxation of Certain Services Certain services are not subject to sales tax. This estimate includes a range of services to individuals and businesses which are excluded from taxation by their omission from the statutory definition of services. Origin: M.G.L. c. 64H S. 1 Estimate: $6,998.7 |
| 3.504 |
Nontaxation of Internet Access and Related Services Internet access services, electronic mail services, electronic bulletin board services, web hosting services or similar on-line computer services are not subject to the sales and use tax. Origin: M.G.L. c. 64H S. 1 Estimate: $97.9 |
| 3.600 |
MISCELLANEOUS EXEMPTIONS
|
| 3.601 |
Exemption for Casual or Isolated Sales Casual or isolated sales (sales by private parties) are exempt from sales tax, except casual sales of motor vehicles, trailers, and boats. Sales of these listed items are exempt only when they are between family members. Origin: M.G.L. c. 64H, S. 6(c) and M.G.L. c. 64I, S. 7(b) Estimate: N.A. |
| 3.602 |
Exemption for Vending Machine Sales Vending machine sales of ten cents or less are exempt from sales tax. In addition, sales through vending machines, which exclusively sell snacks and candy with a sales price of less than one dollar, are exempt from the sales tax on meals. Origin: M.G.L. c. 64H, S. 6(h) and (t) Estimate: N.A. |
| 3.603 |
Exemption for Certain Meals Meals prepared by churches and hospitals, meals provided to organizations for the elderly, and meals provided by educational institutions are exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(cc) Estimate: $10.3 |
| 3.604 |
Exemption for Certain Bed and Breakfast Establishments from Sales Tax on Meals and Room Occupancy Excise Owner-occupied one-, two-, and three-bedroom bed and breakfast establishments are exempt from both the sales tax on meals and the room occupancy excise. Origin: M.G.L. c. 64G, S. 1, 2, 3, 3A and 6, and M.G.L. c. 64H, S. 6(h) Estimate: N.A. |
| 3.605 |
Exemption for Certain Summer Camps from Sales Tax on Meals and Room Occupancy Excise An exemption from both the sales tax on meals and the room occupancy excise is provided for summer camps for children age 18 and under, or for summer camps for developmentally disabled individuals. Camps that satisfy the above criteria but offer their facilities during the off-season to individuals 60 years of age or over for 30 days or less in any calendar year will not lose their exemption. Origin: M.G.L. c. 64G, S. 2 and M.G.L. c. 64H, S. 6(cc) Estimate: $1.3 |
| 3.606 |
Exemption for Trade-in Allowances for Motor Vehicles and Trailers In most cases, motor vehicles and trailers bought in a trade-in transaction are only subject to sales tax on the excess of the purchase price over the amount credited for the trade-in. Origin: M.G.L c. 64H, S. 26, c. 64I, S. 27 Estimate: $86.1 |
| 3.607 |
Exemption for Publications of Tax-Exempt Organizations The publications of tax-exempt organizations are exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(m) Estimate: $7.8 |
| 3.608 |
Exemption for Gifts of Scientific Equipment Gifts of scientific equipment or apparatus by manufacturers to non-profit educational institutions or to the Massachusetts Technology Park Corporation are exempt from sales tax. Origin: M.G.L. c. 64H, S. 6(jj) Estimate: N.A. |
| 3.609 |
Exemption for Vessels or Barges of 50 Tons or Over Vessels or barges weighing 50 tons or more are exempt from sales tax when constructed in-state and sold by the builder. Origin: M.G.L. c. 64H, S. 6(o) Estimate: N.A. |
| 3.610 |
Exemption for Rental Charges for Refuse Containers Rental charges in connection with service contracts by and between waste service firms and customers for refuse containers or bins are exempt from sales tax when the containers are placed on the customer's premises by waste service firms. Origin: M.G.L. c. 64H, S. 6(ii) Estimate: N.A. |
| 3.611 |
Exemption for Honor Trays Food items purchased from honor trays are exempt from sales and meals taxes, provided that no item on the honor tray is sold for $1 or more. Origin: M.G.L. c. 64H, S. 6(h) Estimate: N.A. |